Conditions and warranties. Subject to any rights imposed by law that cannot be limited or excluded:
(a) all conditions or warranties implied by law are excluded; and
(b) if an implied warranty or condition cannot be excluded, but limitation is permitted, ARTC's liability for breach of that implied warranty or condition is limited to, at ARTC's absolute discretion, the resupply of the relevant services or the payment of the cost of having the relevant service supplied again.
Conditions and warranties. The Supplier warrants that the Supplies shall (i) remain free of defects in material and workmanship for a period of 12 months from transfer of risk as per Clause 5, (ii) be delivered with all necessary manuals, descriptions and other documentation and (iii) comply with the requirements of this purchase order. All Supplies shall be fit and suitable for any intended use expressly or impliedly made known to the Supplier. These conditions are in addition to all other expressed or implied conditions and warranties and shall not be deemed to be exclusive. This warranty is in addition to any other warranties or similar rights available to Buyer at law or otherwise.
Conditions and warranties. (a) Seller covenants and warrants to Buyer that all Goods will:
(i) be free from any defects in workmanship, material and design;
(ii) conform to applicable specifications, drawings, designs, samples and other requirements specified by Buyer;
(iii) be fit for their intended purpose and operate as intended;
(iv) be merchantable;
(v) be free and clear of all liens, security interests or other encumbrances; and
(vi) not infringe or misappropriate any third party’s patent or other intellectual property rights.
(b) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by Buyer.
(c) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; and
(d) the warranties set forth in this Section 10 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to Buyer, and, if applicable, (ii) repair or re-perform the applicable Services.
Conditions and warranties a) In addition to any other express and implied warranties provided by law or otherwise, Supplier warrants to Trelleborg that it has good and marketable title to the Supplies and that the Goods shall be: (i) new; (ii) free and clear of any and all liens and encumbrances; (iii) conform with all specifications, drawings, samples and other descriptions furnished by Trelleborg or offered by Supplier; (iv) free from all defects in design (to the extent designed by Seller), workmanship and materials; (v) be of merchantable quality; (vi) be fit and sufficient for the purposes intended by Trelleborg – to the extent known by Supplier; (vii) conform to all applicable laws in the country of production and delivery (viii) do not infringe patents or other intellectual property rights of third parties.
b) The warranty period shall be the longer of
(a) two years from the date Trelleborg accepts delivery of the Supplies or (b) the warranty period provided by applicable law.
Conditions and warranties. (a) Without limiting any of the foregoing, the Sponsor agrees that all rights of the Sponsor under this Agreement and the U(s) are subject to following: (i) registering by the Sponsor of the Universum Account, and (iii) successful completion, as determined in sole direction of Universum, of any applicable Know Your Client, anti-money laundering, sanctions or other checks as required under hereunder or as set out in any terms and conditions and policies of Universum.
(b) The Sponsor further agrees, represents and warrants that the Sponsor: (i) is of legal age of forming binding contracts in the relevant jurisdiction of the Sponsor and has full legal capacity to enter into this Agreement and own the U(s), (ii) that the Sponsor will use the U(s) and interact with the U(s) only for lawful purposes in accordance with this Agreement, (iii) that the Sponsor will not use the U(s) or any right under this Agreement to violate any law, regulation or any right of the Talented Individual and their third parties, (iv) that the Sponsor is not a Restricted Person.
Conditions and warranties. (1) Any samples, drawings, measurements, descriptions, advertising, photographs, catalogues, websites or similar which may be provided by the Company concerning any Goods, unless otherwise agreed to or accepted by the Company in writing, are produced and provided solely for the purpose of giving an approximate idea of the Goods described and such information and items shall not form part of any Contract nor have any contractual force.
(2) The Company warrants that all Goods supplied by it shall be free from material defects in materials and workmanship. The Company will repair or replace without charge any Goods that are not merchantable because of defects in materials or workmanship. WHERE LAWFULLY PERMITTED, THESE EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR OR REPLACEMENT IS THE SOLE AND EXCLUSIVE REMEDY ARISING FROM THE SALE OF THE COMPANY’S PRODUCTS.
Conditions and warranties. (a) Seller warrants its expertise and confirms the accuracy of all statements and representations made in respect of the Goods and/or the Services prior to entering into the Contract and acknowledges DYWIDAG’s reliance upon the same.
(b) Seller warrants to DYWIDAG that for a period of 36 months from the Delivery Date, all Goods will: (i) be merchantable, of satisfactory quality, and free from any defects in workmanship, material, and design; (ii) be of the quantity specified and conform to applicable specifications, drawings, designs, samples, and other requirements specified by DYWIDAG or in any advertising or other material published or provided by Seller; and (iii) be fit for their normal purpose and any specific purpose of DYWIDAG made known to Seller or for any other purpose of DYWIDAG of which Seller ought reasonably to have been aware. Seller, at its own expense, shall perform quality control testing in accordance with its own procedures to ensure that the Goods meet the requirements of the Contract. These warranties survive any delivery, inspection, acceptance, or payment of or for the Goods by DYWIDAG.
(c) Seller further warrants that any Goods and Services provided shall: (i) comply with all applicable statutory requirements and regulations, including without limitation those relating to the manufacture, packaging, packing, carriage and delivery of the Goods and the performance of the Services, and health and safety and environmental laws for the same; (ii) not infringe the patent or other intellectual property rights of any third party; and (iii) be free and clear of all liens, security interests, or other encumbrances.
(d) Seller warrants to DYWIDAG that it will perform the Services efficiently, safely, competently and in conformity with any applicable industry code of practice by suitably qualified personnel of required skill and experience, and in a professional and workmanlike manner to the highest quality which reasonably would be expected from a skilled and experienced operator providing a similar type of services in similar circumstances, and shall devote adequate resources to meet its obligations under this Agreement; and
(e) The warranties set forth in this Section 11 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of DYWIDAG’s discovery of the noncompliance of the Goods or Services with the foregoing warranties. If DYWIDAG gives Seller notice of no...
Conditions and warranties. 1.1 This Agreement and your employment under this Agreement are conditioned upon the following:
1.1.1 you having and maintaining during the course of this employment, the right to be lawfully employed by the Company in the role set out in this Agreement; and
1.1.2 such checks as the Company determines are necessary for the position offered being satisfactory to the Company;
1.1.3 you being free from any obligations owed to a third party which might prevent you from starting work on the date mentioned below or from properly performing the duties of your position; and
1.1.4 Crane NXT, though CA-MC Acquisition UK Ltd., completing its acquisition of OpSec Security, through Orca Midco Ltd (the "Transaction").
1.2 You warrant that you are entitled to work in the United Kingdom in the capacity for which you are being hired by the Company and will notify the Company immediately if you should cease to be so entitled during your employment with the Company. You will prior to starting work and as and when requested thereafter, provide such original documents to the Company evidencing your ability to work lawfully in the United Kingdom as the Company may require.
Conditions and warranties. 20.1 Local Sponsor warrants that it is not listed with the Secretary of State for unfair labor practices, pursuant to ORC 121.23.
20.2 Local Sponsor affirmatively represents and warrants to the State that it is not subject to a finding for recovery under ORC 9.24, or that it has taken the appropriate remedial steps required under ORC 9.24 or otherwise qualifies under that section.
20.3 Local Sponsor warrants that he/she has no outstanding final judgments against it by the State, including tax liabilities, and agrees that any payments provided to the Local Sponsor by the State pursuant to this Agreement may be applied against such liabilities currently owing or incurred in the future.
20.4 Local Sponsor agrees that if this representation and warranty is deemed to be false, the Agreement shall be void ab initio, and any funds paid by State hereunder shall be immediately repaid to State
20.5 Local Sponsor affirmatively represents that it does not and will not boycott any jurisdiction with whom the State can enjoy open trade during the contract period, in accordance with ORC 9.76.
Conditions and warranties. 3.1 The Executive represents and warrants that:
3.1.1 the Executive is eligible to work in the United States and agrees to provide documentation to support such eligibility within the time period required by applicable law; and
3.1.2 the Executive is not bound by or subject to any written or oral agreement, pact, covenant, or understanding with any previous or concurrent employer, or any other party, that would limit, abridge, restrict, or interfere with, in any way, his ability to perform his duties and obligations hereunder.
3.1.3 That the performance of his duties and obligations hereunder shall not violate any written or oral agreement, pact, covenant, or understanding by and between him and any previous or concurrent employer, or any other party.
3.1.4 That he will not use any trade secret, or confidential or proprietary information, of any of his previous or concurrent employers, or that was obtained, learned, or procured during any period of employment prior to or concurrent with his employment with the Company, in connection with his employment with the Company or in the performance of his duties and obligations hereunder.
3.1 It is a condition of this employment that the Executive has and maintains during the course of this employment, valid United States citizenship or immigration status which permits the Executive to be employed by the Company in the role for which the Executive is employed, and authorization to travel to the United Kingdom when and if necessary, from time to time. The Executive must notify the Company immediately if at any time the Executive does not meet this condition.
3.2 If the Executive is in breach of any of the warranties or fails to satisfy the conditions set out in this clause 3 then the Company shall be entitled to terminate the Executive’s employment immediately and without payment of any severance or other benefits other than as required by law.
